Council held in August Anno â—107 Vt nullus ad Praelattonem electus PRO HOMAGIO QUOD REGI FACERET consecratione suscepti honoris privaâ—etur Which Law and usage continued under King Henry the second as is evident by this passage of Glanvil l. 9. c. 1. who writ and was chief Justice under him Electi vero in Episcopos ante consecrationem HOMAGIA SVA FACERE SOLENT What solemn publike Oathes of Allegiance and Fidelity Bishops and other Clergymen as well as the Temporal Lords Commons have heretofore and of late years made to our Kings and their heirs you may read at leasure in the Exact Abridgement of the Records in the Tower p. 427 657 663 25 H. 8. c. 20. 22. 26 H. 8. c. 7. 10. 35 H. 8. c. 1. 1 Eliz. c. 2 3. 5 Eliz. c. 1. 3 Jac. c. 3. 5. 7. Jac. c. 6. I shall only present you with one more thus recorded in the Clause Roll of 11 E. 4. m. 1. dorso Memorand quod tertio die Iulii Anno regni Regis Edwardi Quarti undecimo apud Westm. in Camera Parliamenti Venerabilis Pater Thomas Cardinalis Archiepiscopius Cantuar ac alii Domini Spirituales et Temporales ac etiam quidam Milites quorum nomina subscribuntur fecerunt Recognitionem Iuramentumque praestiterunt Edwardo primogenito dicti Domini nostri Regis Edwardi Quarti illustri Principi Walliae Duci Cornub Comiti Cestriae in forma sequenti ad corroborationem praemissâ—rum singuli corum manibus propries scripserunt sua Nomina I Thomas Cardinal Archbishop of Canterbury knowledge take and repute you Edward Prince of Wallys Duke of Cornwall and Earl of Chester first begotten soâ— of our Soveraign Lord Edward the fourth King of England and of France and Lord of Ireland to be very and undoubted heir to our said Soveraign Lord as to the Crowns of England and France and Lordship of Irâ—land and promiâ—â—e and swear that in case hereafter it happen you by Gods disposition to overlive our said Soveraign Lord I shall then bear and in all things truly and faithfully behave me towards you and your â—heirs as a true and 〈…〉 Subject ought to behave 〈◊〉 to his Soveraign Lord and right wyâ— King of England c. So help me God and holy domes and the Evangelists T. 〈…〉 G. 〈◊〉 T. London Episc. Heâ—r Dunâ—lm W. Episc. Winton G. Clâ—rence R. Gloucester Norff. H. Buckyngham I. â—uff Arundell H. Essex E. Kent Riveriâ—rs I. Wiltshire W. 〈◊〉 Prior Hospâ—t S Iohannis E. Arundall Mautravers A. Gray I. Fenis R. Eâ—â—sc Sarum W. 〈…〉 T. 〈◊〉 R. Bathonien E. Carliol R. Beauchamp Sir Robâ—rt Fenys Bourgchier T. Bourchier W. Par. I. Dudley I. Audley Dacâ—e Edwâ—â—do Bergaveny I. Sâ—trange I. Scrop W. Ferrers Berners Hastingâ— Mouâ—tjoy Dynham Howard Duras I. Pilkâ—ngton W. Beaâ—don W. Courtenay T. Mullineux Raulf Ashtoâ— The first who brought Homage into England for ought I can finde was William the Conqueror and his Normansâ— who equally imposed it on all Bishops Abboâ—s and Clergymensas well as on the Laity in the self-same words and form for ought appears How Bishops Abbots came to be exempred from doing homage for their Temporalties to our Kings after their consecraâ—â—ons I have already touched shall here further declare for the informaâ—ion of those of my own profession Abbot Ingulphâ—s records 〈◊〉 mulcis armis retroactis even from King Eâ—hâ—lâ—eds reigâ— â—ulla electio Praelatorum erat merè iâ—era â—â—canonica â—ed omnes divnitaâ—es tam Episcoporum quam Abbatum per Annulum et Baculnm Regis curia pro sna complacentia conferebat his 〈…〉 King William the Conquerot who first bâ—ought the word and service of HOMAGE out of Normandy into England and at his Coronation at Loâ—don Ann. 1067. HOMAGIIS à Magnatibus as well of the Clergy as Laity acceptis cum FIDELITATIS JURAMENTO obsidibusque acceptis in regno confirmatus omnibus qui ad regnum aspiraverant factus est terrori as Matthew Paris p. 4. and Matthew Westminster p. 1. relate Ann. 1072. He received homage from the King of Scots And Anno 1079 He entred Wales with a numerous Army subdued it et a Regnlis 〈◊〉 ditionis HOMAGIA FIDELITATES ACCEPâ—T Anno 1083. Cepit HOMAGIA Ordinum totius Angliae et JURAMENTUM FIDELITATIS cujusâ—unque essent â—endi â—el senementiâ— And apud Londonias HOMINIUM SIBI FACERE et contra omnes homines FIDELITATEM JURARE OMNEM ANGLIAE INCOLAM IMPERANS therefore Bishops Abbots and Clocks as well as Laymen totam terram descripsit c. as Ingulphus informs us flourishing in that age The Pope being much offended that Kings should thus conferre Bishopricks Abbies and other Ecclesiastical dignities Per Annulum et Baculum and that Bishops and Abbots should thus doe Homage and Feâ—lty to them and become their men as well as Lâ—ickâ— as being a grand impediment to their Supreme Authority over Emperors Kings and Princes of the earth strenuoâ—sly attempted by Pope Hilâ— lebrand thereupon Pope Urban the 2d Anâ—s 1095. in a Council held at Claremount ordained Ut Episcopi vel Abbates vel aliquis de Clero aliquam Ecclesiasticam dignitatem de manu Principum vel quorumliber Laicorum non recipiant And this not prevailing in another Council held by this Pope at Rome Anno 1099. Urbanus Papa excommunicavit omnes Laicos investituras Eccleâ—arum dantes et omnes easdem investituras de manibâ—s Laicorum accipientes necnon omnes in officium sic dati honoris consecrantes Excommunicavit etiam eos qui pro Ecclesiasticis Honoribus LAICORUM HOMINES FIUNT id est HOMAGIUM INEUNT as learned Sir Hen. Spelman truly expounds it Dicens minus execrabile videri ut manus quae in tantam eminentiam excreâ—erant ut quod nulli Angelorum concessumâ—est ut Deum cuncta creantem suo signaculo CREANT mark the blasphemy and contradiction et eundem ipsum pro salute totius mundi Dei Patris obtutibus offerant in hanc ignaviam vel stulâ—itiam detrudantur ut ancillae fiant eorum manuum quae diebus et noctibus obscenis contactibus inquinantur sive rapinis et injustae sanguinis effusione addictae maculantur Et ab omnibus est clamatum fiat fiat et in his consummatum est conciâ—ium Hereupon Anselm Archbishop of Canterbury a Burgundian by birth and great Creature of the Popes peremptorily refused to consecrate any Bishops who received their Investiâ—ures per annulum baculum from the King or to have any communion with those who were thus invested and consecrated by the Archbishop of Yorke in his absence denying to do any homage or fealty to King Henry the 1. after his revocation by him from his exile under Will. Rufus without the Popes license affirming Volente DEO NVLLIVS MORTALIS HOMOFIAM nec per Sacramenâ—uÌ„ alicui FIDEM PROMITTAM Hereupon Rex Regnique Proceres Episcopi et cujuscunque generis aulici
for these two General Councils of the Church and Realm this year are not found extant on record The Patent Roll in the 5 of King Iohn makes mention of an Assise of Beer and Wine made per Commune Consilium Baronum nostrorum held the year before at Winchester Rex c. sciatis Nos Communi Consâ—lio Baronum nostrorum constituisse Quod albus panis factus in Civitate nostra Winton fit ponderis 3 c Sol. c. Et unusquisque Pistor sigillum suum pani suo apponat c. Et volumus et firmiter praecipimus quod haec constitutio firmiter teneatur Facta est autem haec constitutio ad Pascham proximam post obitum Alienorae Reginae matris nostrae anno regni nostri quinto Teste G. fil Petri Com. Essex apud Freitemnel 15 die Aprilis This Ordinance for the Assise of Bread with the Proclamation and proceedings thereupon is more at large recorded in Matthew Paris Hist. Angl. Anno 1262 Editione Tyguri 1589. p. 200. where you may peruse it at leasure In the 5th year of his reign as Met. Paris relates Rex Johannes in COMITES BARONES occasiones praetendens quod ipsuminter hostes reliquerant in partibus transmarinis unde Castella terras suas pro eorum defectu amiserat caepit ab eis septimam partem omnium mobilium suorum by grant as I conceive in a Parliamentary Council nec etiam ab hac rapina in Ecclesiis conuentualibns manus coercuit violentas Yet I find no Writ of Summons to this Council in the Rolls of this year In the 6 year of his reign An. 1204. In crastino circumcisionis venerunt ad Colloquium apud Oxoniam Rex MAGNATES Angliae ubi concessa sunt Regi auxilia militaria de quolibet scuto scilcet duae marcae dimidia Nec etiam Episcopi Abbates sive Ecclesiasticae personae sine promiss one recesserunt In the 8 year of his Regality as King Iohn celebrated the day of our Saviours Naâ—ivity at Oxford So it appears he likewise held a Parliamentary Council there which granted him an ayd toward the recovery of his lands in France and defence of the Realm of England by these two Records that year Claus. 8. Iohan. Regis dors 2. Rex Iustic auxilii assidendi Vic. Berks salutem Sciatis quod Abbas de Abbendon finivit nobiscum pro sexties cent mar pro habenda quietantia de dominicis feodis hominibus omnibus tenentibus suis in Balliva vestra de anxilio Nobis proviso PER CONCILIUM NOSTRUM OXON et ideo vobis mandamus quod ipse inde quietus sit Et si quid inde per Nos incâ—oatum suerit penitus relax Tu autem Vic. videas quod securus sis quod habeamus unam medietatem finis illius ad proximum clausum Pasche Et aliam mediâ—tatem ad ptoximum festum Sancti Iohannis Baptistae Alioquin capietur de firma tua Et Justitiariis mandatum est libere tenentibus suis in ballivia tua quod faciant ei praedictum auxilium Et si quid inde cepisti id ei sine dilatione reddi fac T. Pat. 8. Iohan. Rs. m. 1. Rex Archidiaconâ— Officiali toti Clero Archiepiscopatus Cantuar. Salutem Notum satis quod Archiepiscopi Episcopi Abbates Priores Magnates regni nostri auxilium Nobis fecerunt ad defensionem regni nostri recuperationem terrarum nostrarum Verum quia de vobis confidimns quod Nos â—onorem nostrum diligitis defensionem regni nostri recuperationem terrarum nostrarum affectatis vos rogamus attentius quatenus tale axilium Nobis exemplo accepto ex parte vestra faciatis ut inde vobis gratias dare debeamus Et quod alii Rectores Ecclesiarum intuitu vestri ad auxilium Nobis faciendum exempio vestro facilius inuitentur â—t quantitatâ—m auxilii quod nobis quilibet ipsorum sacâ—re voluer it quilibet vestrum seperatim faciat Ita quod per ipsos in octabis Sanctae circumcisionis inde possimus testificari Teste me ipso apud Ebor. 26. die Maii. This same year the Arch-bishops Bishops Abbots Archdeacons and Clergy of England by command from Pope Innocent without the Kings Writ or consent were called to and resolved to hold a Council at Saint Albans to pay Romescot in an unusual manner and many other unaccustomed exactions to the great prejudice of the Kingdom and oppression of the people whereupon the King upon the general complaint of the universality of the Earls Barons Knights and other Subjects against those exactions this Council issued forth this memorable Writ and Prohibirion in preservation of the rights of the Crown Kingdom People against this Papal usurpation and innovation Pat. 8. Iohan. Rs. m. 1. Rex Archiepiscopis Episcopis Abbatibus Archidiaconis omni clero apud Sanctum Albanum AD CONCILIVM convocato salutem Conquerente universitate Comitum Baronum Militum aliorum-fidelium nostrorum audivimus quod non solum in laiâ—orum grave praejudicium sed etiam in totius Regni nostri intolerabile dispendium super Romescotto praeter consuetudinem soluendo aliis pluribus inconsuetis exacâ—ionibus Autoritate summi Pontisicis CONCILIUM inire CONCILIUM celebrare decrevistis Nos vero licet ob honorem sidie nostrae debitum reverentiae quod sanctae Romanae Ecclesiae impendere tenemur voluntatem sancti Patris vestri Domini Papae Innocentiae obtemperare cupimus tamen omittere non possumus quin quaerelis fidelium subditorum nostrorum clamantium de jactura sua timentium prout necesse est sibi subveniamus â—mergentibâ—scausis quae indempnitati pacis unitati regni nostri obviare possunt quanta decet celeritate diligentia occurramus Vobis igitur praecise mandamus expresse prohibemus ne super praedictis vel aliquibus aliis CONCILIUM ALIQUOD anthoritate aliqua in fide qua nobis tenemini teneatis vel contra regni nostri consuetudinem aliquod novum statuatis et sicut Nos honorem nostrum communem regni tranquillitatem diligitis à celebratione hujusmodi CONCILII à praedictis taxationibus ad praesens supersedeatis quousque cum universitate nostra super hoc COLLOQUIUM habuerimus Scientes per certo quod expediet honori sanctae Romanae Ecclesiae domino Papae Nobis Vobis quod istud ad praesens negotium differatur donec generalem habuimus conferrentiam commodius honestius explicari Et quod vobis hoc mandamus pro honore commodo sacrosanctae Ecclesiae vestri regni nostri id fecimus Quia talia audivimus quod hoc ita fieri necessario expedit sicut vobis dicemus cum vobiscum locuti fuerimus Teste me ipso apud Ebor. 26. die Maii. Now because all Elections of Knights of Shiers are and ought to be made in the next County Court after the Writs for Elections come
the Clause Rolls now and then without any to the Temporal Lords or Barons registred together with them So there are some writs of Summons to and prorogations of Parliaments issâ—ed to Temporal Lords in some Rolls without any to Archbishops Bishops Abbots Priors or Ecclesiastical Lords entred with them though no doubt they had the like writs of Summons and Prorogations although not registred as the bodies of the writs do manifest 21. That the writs issued to the Archbishops Bishops Abbots Priors and Clergy run usually in this form Vobis mandamus quod in fide et dilectione quibus nobis tenemini c. not in fide et homagio But the writs to the Earls Barons and Temporal Lords though they sometimes retain the self same words in fide et diloctione yet for the most part they run thus quod in fide homagio or ligeantia quibus nobis tâ—nâ—mini c. or in homagio â—idâ— et dilectione or in homagâ—o et ligeâ—ntia homagio or ligeantia being put in the place of dilectionâ— or added to fide et dilectione quibus nobis tenemini 22. That the writs to the Archbishops Bishops Abbots and Priors for the most part observe this stile Vobiscum ac cum caeteris Praelatis Magnatibus et Proceribus c. in all clauses of the writ The writs to the Earls Temporal Lords Vobiscum ac cum Praelatis et caeteris Magnatibus et Proceribus or caeteris Magnatibus or Proceribus only caeâ—eris being evâ—r placed before Praelatis in the writs to the Bishops Abbots but after Praelatis and before Magnatibus or Procâ—ribus in all writs to the Temâ—oral Lords because of different Orders the Prelates noâ— being Magnates or Procâ—râ—s by birth or in their own right but only the Temporal Lords and they being not Praelati or Ecclâ—sâ—astical Peers by order or function but only the Bishops Abbots Priors and other Ecclesiastical Barons 23. That the number of Archbishops Bishops Abbots Priors and Ecclesiastical persons summoned by writs to our Parliaments was for the most part equall to and many times farr exceeding the number of the Temporal Lords Barons as you may easily discern by computing and comparing their numbers in this with those of the Temporal Lord in the ensuing Section In the Parliamvnt of 49 H. 3. the number of the Prelates Abbots and Spiritual persons summoned by writ was 120. the number of Temporal Lords but 23. Anno 23 E. 1. d. 9. the number of the Spiritual Lords summoned was 77 of the Temporal Lords but 63. And dors 3 4. the Spiritual Lords summoned to another Parliament that year amounts to 90. the Temporal Lords only to 50. In 24 E. 1. d. 7. the Spiritual Lords summoned were in all 91. the Temporal but 43. yet in other Parliaments the Temporal Lords exceeded the Spiritual as in 27 E. 1. d. 18. the Spiritual Lords were 58. the Temporal 90. but in the next Parliament 28 E. 1. m. 3. the Spiritual Lords summoned were 102. the Temporal only 89. Their differences in number in other Parliaments I shall for brevity sake omit only in most summons under King H. 4 5 6. during these Kings absence and wars in France when most of the Earls and Temporal Lords were in actual service in the wars the Spiritual Lords were neer double to the Temporal 24. That the first writ wherein I finde any mention of and provision for the Defence of the Church of England is in 6 E. 2. here p. 20. the next is in 11 E. 3. p. 39 40. 12 E. 3. p. 42. 14 E. 3. p. 46. After which in the writs of 18 E. 3. p. 50. 31 E 3. p. 60 61 62. 46 E. 3. p. 67. 49 E. 3. p. 69. 1 R. 2. p. 69 70 72. and in most succeding them Defensionem Ecclesiae Anglicanae Salvationem et defensionem Ecclesiae Sanctae Et â—oc sicut salvationem et defensionem Ecclesiae Sanctae diligitis were usually inserted into the writs of Summons as well to Parliaments as Convocations and in writs to the Temporal Lords and Sherifs as they were in writs to the Clergy it being one principal end of summoning Parliaments and Convocations 25. That sometimes the Archbishops Bishops Abbots Priors were authorized by the writs themselves to make Proctors or Proxies to supply their places other times prohibited to make any Proctors or Proxies at all but peremptorily injoyned to appear in person without any excuse or Proctor to supply their absence But the Deans Chapters Archdeacons Priors and Clergy of every Diocess by a special clause of Praemunientes c. in the writs to the Archbishops and Bishops and by second writs to the Archbishops were summoned the Deans Priâ—rs and Archdeacons by themselves their Chapters by one and the Clergy of each Diocess Quod per duos Procuratores idonâ—os pâ—enam et sufficienteÌ„ potestateÌ„ ab ipsis Capitulis et Clero habentes dictis die et loco intersint ad facâ—end consentiend hiis quae tunâ— ibidem de Com Consilio regni nostri divina faventâ— clementia coâ—tigâ—rit ordinari Amongst others the Bishop of Bath and Wells was particularly injoyned Praemunientes Priorem et Capitulum Bathon et Decanum et Capitulum Wellen Ecclesiarum suarum c. quod idem Prior et Dâ—canus in propriis personis suis dicta Capitula per unum Procuratorem idoneum c. una nobiscum inter sint ad c. Hereupon the Prior of Bath when sick appeared not in person but by a Proctor and the Chapter of Bath by one or more Prâ—ctors specially chosen and authorized by their Letters of Procuration under their Seals Which Letters of Procuration I find entred in the antient Parchment Leiger Book of the Priory of Bath in sundry forms in the reign of King Edward the 1. which I shall here insert for their rarity and because they will inform us what â—ull and sufficient power other Priors Deanes Chapters and the Clergy of each Diocess as also the Spiriâ—â—al Lords when absent and authorized to make Proxies gave to their Procurators and in what forms other Letters of Procuration were made in former times of which I find only one printed in Mr. Selden The first of these Procurations runs in this manner being directed to the King himself Serenissimo Domino suo Domino Edwardo Dei gratia illustri Regi Angliae Domino Hiberniae et Duci Aquitanâ—ae sui devoti Thomas Prior et Capiâ— Bathoniensis Ecclesiae salutem et debitam cum orationibus assiduis reverentiam et fidelitatem Ad tractandum ordinandum et faciendum una Vobiscum et caererâ—s Praelatis et Proceribus et aliis Regni incolis in praesenti Convocatione Generali apâ—d Westm. die Dominica proxima post festum S. Martini pro diversis Regni negotiis convenientibus dilectum in Christo Conâ—ratrem et Conprofessum nostrum Fraâ—rem W. de Hamptâ—n â—ostrum facimus ordinamus et constituimuâ— PROCURATOREM per praesentes
is evident not only by the memorâ—ble prâ—sidents of 3 H. 6. rot Parl. n. 10. to 14. 27 H. 6. rot Parl. n. 19. 14 E. 4. rot Parâ— n. 25. in Controversies of this Nature there recorded but by these two presidents of laâ—er times remembred by Mr. Cambdeâ— In the Parliament of 39 Eliz. Anno 1597. Thomas Baron de la Ware peâ—iâ—ioned the Queen to be restored to his anciâ—nt place and â—eat in Parliamenâ— whose case was this His father William by judgement of Parliâ—ment in the reign of Edward the 6. for endeavouring to poyson his Unkle the Lord de la Ware to gain his inheritance and honour was disabled to enjoy any inheritance or honour that might descend to him by his Unkles death Afterwards in Queen Maries reign he was condemned of High Treason and not long after intirely restored as if he had not been condemned Being disabled by his first Sentence to inherit his Unkles honor upon his death he was by Queen Elizabâ—ths special Favour and Letters Patents created Baron de la Ware de novo and sat only as a younger Baron then newly created during his life After his death his son petitioning to enjoy the place of his Ancestors in Parliament the Queen referred the business to the Lords in Parliament who finding the judgement against William his Father to be only personal and not to bind his children and that the judgement given against him under Queen Mary was no obstacle both because he could not lose that Dignity and Honor by it which then he had not his Unkle being then alive and because he was soon after intirely restored and for that the anâ—ient Dignity and Barony was not extinct by his new Creation but only suspended during his life being not vested in him at the time of his late Creation the Lords thereupon locum â—i avitum ADJUDICAVERUNT inter Barones Willoughbeium de Eresby Berkleium in quo ritè locatur In the same Parliament it was resolved by the Lords in the case of Thomas Howard Baron of Walden Knight of the Gâ—rter who being sick and unable to come to the House himself Baron Scroop as his Proxy was brought into the Lords House in his Parliamentary Robes between two Barons the chief King of Arms going before him where presenting his Patent and Creation when the Lord Keeper of the Great Seal had read it he was placed below all the rest of the Barons though he were the younger son of a Duke whose sons by an Order of Parliament made in the 6. year of King Henry the 8. ought to take place of all Viscounts and other Barons which the Lords then resolved to be intended out of Pâ—rliament but they ought to sit in the Parliament house only according to the time of their being created Barons as Mr. Cambden relates out of the Lords Iâ—urnal 36. That the Prelates Earls Barons and Great men of the Realm are the Proper Iudges of all Causes and Controversies there debaâ—ed between the King and his people and are all bound by Oath as well as the King to observe defend and maintain the rights of the Realm and Crown of England and that more especially by their Oath of Fealty and Homage whereby they were tied to the King and charged to appear when summoned in the writs of summons as you may read more at large before in Spelmans Glossarium Tit. Fidelitas Homagium ligeantia and in Mat. Paris who records Aâ— 1209. that K. Iohn caepit HOMAGIA de omnibus hominibus liberè tenentibus et etiam duodecim annorum pueris quos omnes post FIDELIT ATEM FACTAM in osculum pacis recepit ac demâ—sit Et Wallenses quod anteactis temporibus fuâ—raâ— inauditum venientes ad Regem HOMAGIA fecerunt ibidem licet tam divitibus quam pauperibus esset oâ—erosum Then passing into Ireland with a great Army there came to Dublin to meet him plus quà m viginti Reguli illius regionis qui omnes timore maximo perterâ— iti HOMAGIUM ILLI ET FIDELITATEM FECERUNT as the highest Obligation of their future Loyalty fidelity and subjection to him Upon which Account Homage is frequently stiled HOMAGIUM LIGEUM LIGEANTIA LIGANâ—IA by Bracton l. 2. c. 35. f. 79. Glanvil l. 7. c. 10. Guliclmus Neubrigensis Hist. l. 2. c. 37. Chron. Iohannis Bromton col 1005. Fleta l. 3. c. 16. Britton ch 68. De Homages Custumar Vetus Normanniae c. 43. Cooks 7 Rep. Calvins case f. 7. 1. Instit. f. 65. a. Hornes Myrrour des Iustices ch 35 36 37 38. Spelmans Glossarium Homagium Ligeantia because iâ— most strictly unites and binds the King and his Subjects together hunc ad protectionâ—m justum Regimen illos ad reverentiam tributa et dâ—bitam Subjectionem â—t obedâ—â—ntiam as they resolve whereupon the Lords are enjoyned in their writs of summons personâ—lly to appear in Parliaments and Great Councils in fide homagio QUIBUS NOBIS TENEMINI as I formerly observed 37. That the nâ—mbers of Earls Barons Temporal Lords and Great men summoâ—ed to our Parliaments and Great Councils andentred after the Eodem modo and Consimiles literae in the Rolls and Liâ—ts of Summons are oft times very various and different there being many more of them summoned to some Parliaments and Great Councilâ— than to others as you may easily discern by comparing their Numbers which I have here presented you with in the grosse after every writ the Prince of Wales himself the Duke of Lancaster and other Dukes and Earls as well as inferior Lords Barons and Great men being left out of some Lists of Summons one two or three Parliaments and Great Councils together or more and then inserted again into others the true reasons whereof I apprehend to be these ensuing 1. Their absence in forein parts or elsâ—where in the warrs or â—pon other special services of the King in which cases no wrâ—ts of Summons issued to them and if their names were entred in the Lists of the summons they were usually cancelled or rased out of them witness the forecited entrys in the Lists oâ— Claus. 11 E. 3. pars 2. dors 11. And Claus. 12 E. 3. pars 3. dors 32. 2ly Their abode beyond the Seas upon their own particular occasions Both which causes frequently happened during the wars with France Scotland and Ireland and whiles our Kings and Nobles had any Lands and Possessions in France Aquitain Normandy Anjow Picardy and other parts beyond the Seas Many of the Earls Lords Barons Great men and our Kings themselves being oft times by reason of Warrs Treaties Embassies and defence of their Inheritances absent in forein parts when Parliaments were summoned and held in England by the Custos Regni or Commissioners at which times I generally finde there were fewer Earls Barons and Noblemen summoned to our Parliaments and Great Councils than in times of Peace or when our Kings were personally present in
Neubrigeusis Simeon Richardus Hagustaldensis Radulphus de Diceto Roger VVendover Thomas Spotte Gervasius Doroberniensis Tilburiensis VVillielmus Stephanides Gualterus Mapes Gualterus Coventriensis Richardus Heliensis Thomas Stubs Petrus Henâ—am nor yet Glanvill Bracton Andrew Horn and other Lawyers flourishing under H. the 2. and 3. do once use or apply this word Parliamentum to any one Grand parliamentary Council which they alwayes call by other Names for ought I can yet discover upon my best search and inquiry The very first of all our Writers or Historians in my Observation who made use of this word and applyed it to the Common Councils of our Realm is Matthew Paris flourishing about the midsts and dying before the end of King Henry the 3d. Anno. 1259. the 43. of his Reign He in his Historia Angliae from the beginning of the Conquerors Reign till the year 1246. the 30th of Henry the 3d. alwayes made use of the words Concilium Concilium magnum Colloquium Tractatus and the like to expresse all Parliamentary Great Councils and State Assemblies held in England near the space of 200. years before he Writ and never of Parliamentum But in Anno gratiae 1246. and 1247. and in no other years before or after he useth this word five or six times only in these insuing passages Anno 1246. Convenit ad Parliamentum Generalissimum totius Regni Angliae totalis Nobilitas Londini c Over against which the Publisher not he adds in the Margin Parliamentum habitum Londini After which he subjoynes Convenientibus igitur ad Parliamentum mâ—moratum totius Regni Magnatibus Then followes Et postea in Anglia in Parliamento Regis ubi congregata fuerat totius Regni tam Cleri quam Militiae Generalis Vniversitas deliberatum c. Yet in the very next page he returns to his old term again Die vero translationis Thomae Martyris habitum est magnum Concilium inter Regem Regni Magnates apud VVintoniam Over against which his continuer or publisher hath placed this marginal Note Parliamentum habitum apud VVinton The like he doth in p. 560. 561 687 714. and elsewere inserting in the Margin Parliamentum Generale c. When as Matthew Paris useth it not but Concilium only or the like in his Text. In his History of the next yeer 1â—47 He proceeds thus Dominus Rex Francorum Regni sui Nobiles tam Cleri quam Populi generaliter Edicto Regio fecit convocari ut Ad Parliamentum communiter convenientes ardu negocia Regni sui statum contingentia diligenter deliberando contrectarent And Five pages after Dominus Rex H. 3. jussit omnem totius Regni Nobilitatem convocari c. Oxoniis Praelatosautem maxime Ad hoc Parliamentum vocavit arctius Applying the word Parliamentum to these Assemblies of the King Lords and Nobles both in France and England held this year about the weighty affairs of their respective Kingdoms In his Additamenta to the last Addition of his History printed at London p. 170. he useth the word Parliamentum only once and that in another sense For the conference and discourse of Monkes with one another after their repasts then prohibited the black Monkes by special Order as an impediment to their contemplations and prayers In no places else of his History or other printed pieces do I find he made use of this word Indeed the continuer of his History from the yeer 1258. to the end of King Henries Reign 1273. whom Iohn Bale informâ— us to be VVilliam Rishanger flourishing under King Edward the 1. 2. when this word Parliamentum grew coÌ„mon both in Writs of Sommons Statutes vulgar Speech makes frequent use thereof in his History applying it to great Councils of the Realm in the latter end of Henry the 3d. both in the Text and Margin as in Page 788 933. 935. 938. 940. 948. 960. 967. 974. of his continuation Editione Tiguri 1589 and so doth Matthew Westminster who continued the History of Matthew Paris flourishing under the Reign of King Edward the third when this word Parliamentum was commonly used in all Writs of Summons Statutes Writers and Vulgar speech makes frequent use thereof applying it to the Great Councils of State towards the latter end of King Henry the third in his Flores Historiarum Londini 1570. pars 2. p. 206 207 223 254. 261. 280 296 300 317 345. and in subsequent Pages to the Parliaments held under King Edward the first Henry de Knyghton a Canon of Leicester flourishing under King Richard the 2. de Eventibus Angliae l. 1. c. 3. l. 2. c. 10 12 15. Col. 2318 2387 3446 2455. applies this word to the Great Councils held under the Danish and other Kings before the Reign of Edward the 1. Canutus vixit per 20. annos postea celebravit Parliamentum apud Oxoniam c. Ranulfus Consul Cestriae cum Rege Stephano concordatus est Set tito post in Parliamento apud Northamptoniam delose captus est c. Anno 1261. Rex Hen. 3. convocato Parliamento suo Oxoniae questionem movit Magnatibus suis. Tenuit Rex H. 3. Parliamentum suum apud Merleberg Anno Regni sui 52. ad exhibitionem communis justitiae multa fecit statuta quae dicuntur statuta de Marleberg The Author of the Chronicle of Brompton who writ after the beginning of King Edward the 3. doth the like in these passages according to the language of the age wherein hee writ Edgarvis Rex Parliamentum suum apud Salisbiriam convocavit Post haec Canutus apud Oxoniam Parliamentum tâ—nuit c. cito post in Parliamento suo apud Wintoniam Rex Edwardus Confessor omnes Magnates ad Parliamentum tunc fuerunt Anno 1164. Rex Henricus 2. Parliamentum apud Westâ—inst tenuit Rex Angliae Richardus 1. congregatus Episcopis Comitibus Baronibus Regni sui Parliamentum Londoniae super hoc habuit Tractatum Rex Johannes Parliamentum suum usque Lincolniam convocaverat So doth Radulphus Cicestrensis Thomas of Walâ—â—ngham who writ under K. Henry the 6. and after them Fabian Caxton Polydor Virgil Grafton Speed Stow Holinshed Daniel Baker and other of our late Historians Whereupon their injudicious credulous Readers of all sorts conceit not onely the words Parliamentum Parliament but even the thing it self as since constituted of Knights Citizens and Burgesses as well as of the King spiritual and temporal Lords Nobles Barons and Great Men to have been in common use both under our Saxon Danish Norman and English Kings long before the Reign or 49. year of King Henry the 3. when as neither the name nor thing it self as now compacted was either known to or used by any Aniquaries Councils Records Historians or English Writers before Mat. Paris that I have yet seen or heard of From whence to omit other Arguments with the Writs de Expensis Militum
since that actually done to the secluding of sundry Members of their own new-model'd Parliaments for refusing to take new illegal Oaths and Engagements repugnant to their old ones of Supremacy and Allegiance if not the very third Article of the late Petition and Advice viz. That the ancient and undoubted Liberties and Priviledges of Parliament which are the Birth-right and Inheritance of the people and wherein every man it interessed bee preserved and maintained and that you will not break nor interrupt the same nor suffer them to be broken or interrupted And particularly that those persons who are legally chosen by a free Election of the people to serve in Parliament may not be secluded from sitting in Parliament to do their duties but by judgement and assent of that House whereof they are Members Therefore not by any armed Guards without any hearing or judgement whatsoever Which had some of those Army-Officers and Swordmen well considered who assented to this Article and Petition they would never have forcibly secluded secured imprisoned my self and sundry other Members of the late Parliament onely for the faithful discharge of our Oaths Duties without yea against the judgement of the House whereof they were Members which God in judgement hath repaid on some of them since that with a suitable Retaliation Seclusion Restraint by some of their own confederates in that unrighteous Anti-parliamentary action 4 That there is no one President exstant in our Histories or Records in former Ages nor from 49. Henry 3. till the end of King Charles his Reign of any Writs issued to Sheriffs or other Officers in Ireland or Scotland though subordinate and subject to our English Kings and Parliaments for electing Knights Citizens Burgesses or Commissioners to sit or vote as Members of the Commons-house in any Parliaments or great Councils of England nor yet for any Knights Citizens Burgesses out of Gersy Gernsey Alderny Serke Man Silly or other Islands belonging to England Yea the Principality of Wales it self though ever subjected and united to England as part thereof never sent any Knights Citizens or Burgesses to the Parliaments of England as Members thereof till enabled by special Acts of Parliament Anno 27. H. 8. c. 26. 35. H. 8. c. 11. Nor yet the County Palatine of Chester though a part and member of England till specially enabled by the Statute of 34. H. 8. c. 13. neither did much less then can or ought any Counties Cities Burroughs in Scotland or Ireland to claim or pretend the least colour of Right Law or Reason to send any Knights Citizens Burgesses or Peers to sit or vote in the Parliaments of England neither ought any such if elected returned to be of right admitted into our English Parliaments 1. Because they never enjoyed this priviledge heretofore in any Age nor pretended to it 2. Because they are very remote from the places where our English Parliaments are held and it will not be onely extraordinarily troublesome expensive vexatious inconvenient for them when elected to resort so far to our English Parliaments but dangerous especially to cross the Seas out of Ireland in the Winter season and mischievous Thirdly Because if any of them be unduly elected returned as is most probable the most of them will be so it must necessarily put them to intollerable expences trouble vexation and almost an impossibility to examine determine the legality or illegality of such Elections and returns from Scotland and Ireland The Parliaments being likely to be determined or adjourned before the Sheriffs and other Officers who unduly returned them can be summoned and witnesses produced thence to prove the abuses or injustice of such Elections so that any persons thence returned by those in power though never elected or very unduly through favour power or corruption of Officers shall sit and vote as Members whilst those who were duly chosen and entrusted by the people shall be secluded and left without relief 4 Because Scotland and Ireland though united to England alwaies were and yet are distinct Realms and Republicks never incorporated into England or its Parliament as natural proper Members thereof they all having by their own Fundamental Laws Statutes Customes Rights Priviledges their peculiar proper Parliaments Peers Knights Citizens Burgesses Courts Iudicatures Councils and Iudges distinct divided from and not intercommoning with one another The Peers Lords Knights Citizens Burgesses of England having no place voice nor right of Session in the Parliaments of Scotland or Ireland though in many things subordinate to the Parliaments of England and subject to Acts of Parliament made in them and the Lords Peers Citizens Burgesses of the Parliaments of Scotland and Ireland being no Lords Peers Knights Citizens or Burgesses at all in England or its Parliaments being distinct from theirs and summoned unto their own Parliament onely as I shall hereafter manifest in its due place This is evident not onely by the distinct printed Laws and Statutes of England Scotland and Ireland and those Historians who have written of them especially Holinshed Bucanaâ— and Mr. Cambden but likewise by Mr. Seldens Titles of Honour p. 2. c. 5 6 7 Cooks 4 Institutes ch 1. 75 76. Cooks 7 Reports Calvins case The Statute of 1 Iacobi ch 1 2 3. Iacobi c. 3 4. Iacobi ch 1. 7. Iacobi ch 1. which fully confirm and establish the distinct Parliaments Rights Laws Liberties Customes Iurisdictions Iudicatures of the Realmâ— of England and Scotland 5. Because the calling and admission of Scotish Knights Citizens Burgesses or Peers unto the Parliaments of England and giving them a voice and Legislative power therein both in Relation to England Scotland and Ireland though united under one King and Soveraign Lord is diametrically contrary First to all these recited Acts and the Propositions proceedings mentioned in them referred to the consideration and determination of the Parliaments of both Realms as separate and distinct from each other and not incorporated into one body Realm or Parliament whose peculiar distinct Rights Jurisdictions Powers Parliaments are since that in precise terms confirmed and perpetuated without any union or incorporation into one undivided body politique Secondly Because it is expresly contradictory to the late Act of 17. Caroli passed ratified in and by the Parliaments of both Kingdome for the confirmation of the Treaty of Pacification between the two Kingdomes of England and Scotland Wherein the Commissioners deputed by the Parliament of Scotland to treat with the Commissioners appointed by the King and Parliament of England for the saving of the Rights of Scotland that the English might not claim any joynt right or interest with the Scots in the things that concerned their Parliaments or Kingdome in their papers of the 7. of August 1641. did declare and make known that although they were fully assured that the Kingdome and Parliament of England was for the present far from any thought of usurpation over the Kingdome and Parliament of Scotland or their Laws and Liberties
by the Titles of these their Scotish Earldâ—ms and liâ—ted amongst the Enâ—lish Earls not Barons in the Clause Rolls Gilbert de Vmfranil being summoned by Writ as Earl of Anâ—gos to no lesse than 12. Robert de Vmfranil to 63. Gilbert 〈◊〉 Vmfranâ—l his Son to 50. English Parliaments David de Sirabolgi to 21. Parliaments and great Councils as Earl of Athol as the ensuing Table will inform you amongst the other Earls of England but no other Earls of Scotland besides these two The reason whereof was only this because they were English Barons and held lands by Barony in England though the Titles of their Earldoms were not Englishâ— but Scotish yâ—t they were under the Kings Subjection Allegiance and their Residence when thus summoned was upon their Baronies in England That Gilbert de Vmfranil was an English Baron and Lord of Parliament before he became Earl of Anegos is clear by the Clause Rolls of 23 E. 1. d. 4. 9. 24 E. 1. d. 7. wherein he was summoned to 3. Parliaments amongst the English Lords and Barons but then being Earl of Anegos by discent from his Mother he was in Cl. 25 E. 1. d. 25. sundry Parliaments after alwayes summoned by the name of Earl of Anegos and listed amongst the Earls of England as the ensuing Table demonstrates So Rob. de Umfranil summoned to Parliament amongst the English Barons Claus. 2. E. 2. d. 20. was in Claus. 2. E. 2. d. 11. and all succeeding Parliaments under Edward the 2. 3. summoned to Parliament as Earl of Anegos among the Earls of England with whom he is still entred in the Rolls The like may be said of David de Straâ—olgi who though originally a Scotish Earl was yet afterwards made an English Lord by the King and held Lâ—nds in England by Barony and upon that account summoned to sundry Parliaments and great Councils by â—â—e Title of Earl of Athol and registred amongst the English Earls in the Clause Roâ—ls Which I thought meet to touch both to rectifie and clear that doâ—bâ—e mistake in the Antiquity of the Parliaments of England newly printed p. 46. That Peers of Scotland were wont to come and be summoned to the Parliament And that the Peers of Scotland came to the Parliament for Iustice which the Author indeavours to prove by 39 F. 3. 35. in a writ of Râ—vâ—shment de Gard against Gilbert Vmfraviâ— who demanded judgmâ—nt of the writ because he was Earl of Anguish and not so named in the writ c. When as he was not summoned to our Parliament as a Peer of Scoâ—land but only as an English Baron dignified with the Title of a Scotlsh Earldome and came not to our English Parliament for Iustice but was summoned to it by Speâ—â—â—l writs as a Peer and Member thereof as the Clause Roâ—ls resolve and the very year Book likewise Of which more hereafter in its proper place 14ly That no Forein Prelates Earls Nobles Barons of Ireland Scotland or France were formerly summoned to the Parliaments of England as proâ—er Members thereof or Lords of Parliament to make Laws or impose Taxes or give Iudgment or Counsel in any matters relating to England but only our English Prelates Earls Lords and Barons as is most apparent by these special clauses in the writs of Summons Ibidem Vobiscum ac cum caeteris Praelatis Magnatibus Proceribus DICTIREGNI ANGLIAE never Scotiae Franciae or Hiberniae in any writs whatsoever colloquium habere volumus tractatum And Dictis die et loco personaâ—â—ter intersitis Nobiscum cum caeteris Praelatis Magnatibus et Proceribus PRAEDICTIS or DICTI REGNI NOSTRIâ—â— super dicâ—â—s negotâ—â—s tractaâ—â—ri veâ—â—rumque consilium impensuâ—i And ad consentiendum hiâ—s quae â—unc ibidem de Communi consilio DICTI or EJUSDEM REGNI NOSTRI CONTIGERIT ORDINARI And by this usual clause in the Patents of creation of all our English Earls Lords and Barons of Parliament Volentes concedentes pro Nobis haeredibus successoribus nostris quod praefatus A. Comes B. or C. Baro or Dominus D. et haeredes sui masculi et eorum quilibet habeat teneat possideat sedem locum in PARLIAMENTIS nostris haeredum luccessorum nostrorum infra REGNUM NOSTRUM ANGLIAE inter ALIOS COMITES BARONES EJUSDEM REGNI ut COMES or BARO compared with the Patents of creation of Irish and Scotish Earls Lords Barons Boroughs which constitute them only Earls Lords Barons or Boroughs in terra Dominio nostro Hiberniae or Scotiae or infra Regnum nostrum Scotiae or Hiberuiae and Vnum Comitem Dominum vel Baronem omnium singulorum Parliamentorum Magnorum Conciliorum nostrorum c. in terra or Regno nostro HIBERNIAE or SCOTIAE â—enendorum and grant them only sedem et locum in Parliamentis nostris HIBERNIAE or SCOTIAE inter alios Comites Dominos Barones ejusdem Regni As the Kings Patents to Burroughs in Irel. gave them plenaÌ„ potestateÌ„ authoritateÌ„ eligendi mittendi retornendi duos discretos idoneos viros ad inserviendum attendendum in quolibâ—t Parliamento in dicto regno nostro Hiberniae not Angliae in posterum tenend But no Place or Voyce at all to their Peers or Burgesses in the Parliaments of England amongst the Earls Lords or Barons of England who have no seat Place or Voyce at all in the Parliaments of Scotland or Ireland as they are English Peers though subordinat Kingdoms to England Which I shall farther clear in some ensuing Sections 15ly That there is a great diversity between writs of Summons to Parliaments or General Parliamentary Councils and to particular Councils upon emergent occasions which are not properly Parliaments all the Bishops Abbots Priors Earls Lords Barons together with the Judges and Kings Counsil Citizens Burgesses of Parliament and Barons of the Ciâ—que ports being usually summoned to the one but some few Spiritual and Temporal Lords only without any Judges Assistants Knights Citizens Burgesses or Barons of the Cinque-ports or some few of them only and divers who were no usual Lords Barons of Parliament as in 32 E. 3. d. 14. and other Rolls summoned to the other as the Clause Rolls aâ—test Which difference some ignorant Antiquaries not observing have confounded them both together as one and the same and mistaken some writs of Summons only to a Council or to a conference with the King his Privy Counsil upon extraordinary dangers occasions for writs of Summons to a Parliament Such amongst other forecited writs are these of 35 E. 3. dors 36. 36. E. 3. d. 42. Where all those Earls Lords Abbots Peers Great men Gentlemen Counteâ—â—es Ladies and Dowagers who had Lands in Ireland and none else but they alone were summoned the Temporal Lords and great men to appear in proper Person the Clergymen Countesses Ladies and Dowagers to send one or more Proxies or Deputies in whom
regne du Roy Henry Sisme pâ—is le conquest primerement unâ— Commission du Roy fait desoutz son grande Seal directâ—z al Honorable puissent Prince Humphry Duc de Glocestre son-Uncle per la quell le Roy avâ—iâ— done poiar a mesme son Uncle a tenit le dit Parlement en le nom du Roy folonâ— laffect la contenuz de mesme la Commission en la preseucâ— de'l dit Duc seant en la Chambre de peinte deinz In Palayes de Westm. anxy de les Seignieurs espuelz temperelz les Chivalers des Countees des Citeins Burgeois del Roialme Deingleterre pur toute lay Comme de mesme la Rolalmâ— au dit Parlement tenuzilleoqes alors esteantz â—uit overtement le eâ—z dont le tenure-cy ensuyt Heâ—ritus Dei gratia Rex Angliae Franciae Dominus Hiberniae omnibus ad quos praesentes litetrae pervenerint salutem Sciatis quod cum de avisamento Concilii nostri pro quibusdam arduis urgentibus negociis nos statum defensionem Regni nostri Angliae ac Ecclesiae Anglicanae contingentibus quoddam Parliamentum nostrum apud Westm. Die Lunae prox ante sestum Sti. Martini prox futur teneri ordinavimus Et quia vero propter certas causas ad Parliamentum Praedictum personaliter non poterimus interesse Nos de circumspectione industria carissimi Avuncuâ—i nostri Humfredi Ducâ—s Gloucestr plenam fiduciam reportantes eidem Avunculo nostro ad Parliamentum praedict nomine nostro iâ—choand in eo procedend ad facienda omnia singula quae pro Nobis per Nos pro bono regimiâ—e gubernatione Râ—gni nostripraedicti ac aliorum Uominiorum nostrorum eidens Regno nestro pertinentâ—um ibâ—dem suerint faciend Nec non ad Parliamentum illud â—â—â—iendum dissolvendum de assensu Concilii nostri plenam tenore praesentium committimus potestaâ—eâ—s Dante 's ultâ—râ—us de assensu ejusdem Concilii nostri tam universis singulis Archiepiscopis Episcopis Abbatibus Prioribus Dusibus Comitibus Baronibus Militibus quam omnibus aliis quorum interest ad Parliamentum nostrum praedictâ— conventuris similiter tenore prâ—sentum in mundatis quod eideâ—â— Avâ—â—culo nostrâ— intendantâ—â—â— praemissiâ—â—â— forma supraâ— dictâ— In cujus rei testimonium has literas nostras fieri fecimus patentes T. mâ—ipsa apud Westm. 6 dis Novembris Anno Regni nostri primo The like Commission I finde made to the same Duke in the Parliamant Roll of 2. H. 6. n. 1. word for word except in those additional words and clauses in the Commission it self Nos de circumspectione fidelitate industria c. Eidem Avunculo nostro ad Parliamentum praedict nomine nostro inchoand negociaque praedicta exponend ac declarand ac exponi declarari faciend necnon in negociis illis Parliamento praedicto ac omnibus singulis in eo emergentibus procedeâ—d c. Neâ—non ad Parliamentum illud si necesse fuerit continuand prorogand ac ad idem Parliamentum finiend c. plenam committimus potestatem quam in eventu praedicto Parliamento nostro tempore aliquo forsan in persona nostra adessâ— contigerit revocare intendimus Dante 's c. Ut supra with the like in other Parliaments during this Kings Minority and in 33 H. 6. rot Parl. n. 30. It is observeable that none of these Custodes Regni or Protectors had any power given them to summon or hold Parliaments in their own Names or by their own inherent Authority as Protectors nor to create new Peers or Barons of the Realm by Writs or Patents for ought I finde the very words of their Patents and the Parliaments of 1. H. 4. rot Parl. n. 24 25 26 2 H. 6. rot Parl. n. 15 16. 6 H. 6 rot Parl. n. 22 23 24. a notable Record 8 H. 6. rot Parl. â— 13. 33 H. 6. rot Parl. n. 30. to 42. resolving the contrary By all these forecited Commissions Patents and the Patent to the Protectors themselves during the Kings Minoritie enrolled in the Parliament Roll of 1. H. 6. Num. 24 which I have elsewhere published it is most apparent That as the Scripture and New Testament it self in express terms resolve The King alone to be the Supream Magistrate So the Common and Statute Laws Lawyers Writs Records and Parliaments of England have alwaies hitherto resolved declared proclaimed as Bracton l. 1. c. 8. l. 3. c. 16. f. 134. l. 3. c. 3. 9. Fleta l. 1. c. 5. 17. The Parliament of Lincolne 29 E. 1. 16 R. 2. â— 5. 25. H. 8. c. 19 21. 22. 26 H. 8. c. 1. 27. H. 8. c. 15. 28 H. 8. c. 7 10. 31 H. 8. c. 10 15. 32 H. 8. c. 22 24 26. 33 H. 8. c. 29. 35 H. 8. c. 1. 3 27 19 37 H. 8. c. 15. 1. E. 6. c. 2. 1. Eliz. 5. 1. 3. 4. 5 Eliz. c. 1. 8 Eliz. c. 1. 1 Iac. c. 1. 2. 3. Iac. c. 4. 7 Iac. c. 6. The Prologues of all ancient Parliaments and the very words of the Oathes of Supremacy and Allegiance prescribed to all Members of the Common House Judges Justices Officers Barristers Attornies Sheriffs Graduates Ministers and School-Masters by our Parliaments abundantly evidence The King of England alone not the Custos Regni Protector nor any other person whatsoever nor the Pope himself to be the onely Supream Governour Head Magistrate of the Realm of England and the Dominions thereunto annexed and that in and over all spiritual and ecclesiastical persons things causes as well as temporal without recognizing any other Soveraign Lord Governour Magistrate for ought I finde in History or Record 10. That the causes of summoning and proroging all Parliaments ought to be generally or particularly expressed in the Writs of Summons and Prorogation together with the precise daies whereon and places wherein they are to meet upon the Summons or Prorogation that so all may know â—ertainly at what time and place to meet That the daies and places of their meeting and prorogation were absolutely in the power of our Kings who varied them according to emergent occasions and the places of their necessary residence For instance When the wars or affairs of Scotland drew our Kings and Nobles towards the Northern parts they usually summoned or prorogued their Parliaments to York Karlisle Newcastle Stanford Lincolne Leycester Northampton Cambridge Stainford Conventry Nottingham When the wars and businesses of France called them towards the South they frequently summoned their Parliaments to Winton Salisbury Southampton Canterbury When the wars or negotiations of Wales or Ireland occasioned their removal towards them they convened their Parliaments at Gloucester Worcester Salop Hereford Bristol Oxford or Malborough But most usually they were summoned and prorogued to Westminster or London as the center and Metropolis of the Realm and the most indifferent and convenient place of meeting as
fear and well expect by way of divine and human retaliation that their very New erected House of Lords when once established having the power of Judicature if not of the Army in them to preserve themselves from the like Usurpations of the Commons over them in after ages will upon the first opportunity Vote down by this their president the whole House of Commons and quite suppresse it for the future as Vselesse dangerous factious Tumulâ—uous seditious arbitrary Tyrannicall oppressive to the people degenerated from its ancient duty bounds moderation as not only some of our late Kings but of those new intended Lords have publickly branded proclaimed it to be in late printed Declarations and constitute all future Parliaments only of a House of Lords and Great men of the Realme assisted with the Counsell and Iustices without any Knights Citizens Burgesses Barons of Ports or House of Commons according to all ancient long continued Presidents in former ages before 49. H. 3. when for ought appeares the Commons were first admitted and called unto Parliaments out of meer grace by the Kings Writs Or at least the disinherited ancient Nobility in case they regain their pristine Rights of Session Judicature in Parliament without the Commons assistance of which there is no absolute future improbability may by way of Justice and retaliation set the Commons House quite aside for their late transcendent breaches abuses of their Trusts towards them in secluding and voting them quite down against their Writs Indentures Duties Oathes by which they have legally forfeited all their Priviledges and right of Parliamentary session according to this received Maxime in all Lawes Privilegium amittat qui improbabili temeritate quod non accepit usurpat sua authoritate non legitime utitur sed abutitur potestate Which weighty consideration though seconded with none else should engage all Commoners to pursue the golden rule precept of Christ himself as well in point of prudence conscience Justice as morality towards the old Lords Matth. 7. 12. Therefore all things whatsoever ye would that men should do to you do ye even so to them for this is the Law and the Prophets For with the same measure that ye meat withall it shall be measured to you again as Luk. 6. 38. Iudg. 1. 6. 7. Psal. 137. 8. Rev. 13. 10. c. 16. 5. 6. Ezek. 35 10. 11. 14. 15. Obad. 15. 16. Ioel. 3. 6. 7. 8. Gen. 9. 6. Mat. 26. 52. Iam. 2. 13. do all infallibly resolve us as well as late experiments 21. That the first and principle things specified in the Writs of summons as the prime ends for which Parliaments are summoned is to debate and consult of quaedam specialia ardua negotia Nos et Statum regni nostri et etiam Iura Salvationem et Defensionem Coronae nostrae Regiae as well as Regni nostri et Ecclesie Anglicanae specialiter intime contingentibâ—s And all Knights Citizens Burgesses Barons of Ports elected returned to serve in Parliament in the Commons House receive plenam sufficientem potestatem pro se et Communitate Comitatuum Civitatum Burgorum et Portuum from those Commonalties who elect them only ad faciendum consentiendum his quae tunc ibidem de communi Consilio Comitum Baronum or dicti Regni nostri contigerit ordinari super Negotiis antedictis quod hoc breve or prout breve illud in se exigit requirit as the express words of the Sheriffs returns and their Indentures evidence Therefore their enacting any thing by themselves alone without the Earls Barons and Lords House or Majoritie of their Fellow Commoners or against their Counsell Votes advice to the prejudice destruction subversion of the Kings Person State Kingdom and the Prerogative Rights of his Royal Crown and Dignity which they were purposely summoned by the King and authorized intrusted only by their Electors Commonalties people to preserve support and defend and to do and consent to nothing else inconsistent with or repugnant to these ends is the highest prevarication treacherie violation of their Trusts Duties that can possibly be imagined deserving the most exemplarie punishments And those Republicans who lately acted in this kind to the destruction of the King kingdom the prerogatives Rights of the Crown Parliament Lords and Monarchie of England upon this pretext that they were intrusted impowred thus to doe by the people and those who did elect them are the most notorious Impostors Prevaricators Infringers Peruerters Falsifiers of their trusts and power in this kinde that ever England yet produced as all the forecited Writs compared with their their retorns unanimously resolve against their false absurd pretences to the contrarie wherewith they have endeavoured to blinde and cheat the people in whom they verbally voted placed the Soveraign power only by this forged hypocritical pretext actually to usurp appropriate it to themselves as their Trustees and Representatives presently thereupon in all their new published Knacks Papers intitling themselves alone not the people the SUPREAM AUTHORITY OF THE NATION making the people greater Slaves and Uassalls to them in respect of their Lawes Lives Members Liberties Freeholds Franchises Properties Estates than ever they were in any age under Beheaded King Charles or the worst of all our Kings and Lords who never acted half so arbitrarily tyrannically in everie kinde as they their Committees High Courts of Iustice Counsils of State Major Generals Excise-men and other Officers have done since their late Exorbitant Anti-parliamentary Vsurpations Innovations Proceedings under the disguise and Notion of the Parliament of England without A KING HOUSE OF LORDS or the secluded MAIORITY OF THE COMMONS HOUSE it self the forced absence seclusion of all and everie of which 3. made them no real Parliament at all but an Anti-Parliamentary Conventicle and all their miâ—intitled Acts Ordinances meer Nullities both in Law and Conscience fit to be enternally exploded by the whole English Nation and all future new Parliaments to prevent the like pernicious Extravagances in after ages which have involved us in so manie various Miseries Warrs Perplexities Fears Dangers Oppressions Factions Troubles Changes Unsettlements and Confusions which without Gods insinite mercie presage nought else but total and final Desolation both to our Church State and Nations Our Law-books resolve the Parliament to be a Corporation consisting of the King as thief head the Lords as the Superior and the Commons as inferior Members who ought mutually to preserve each others interests and unite their counsells for the publike good without any seisure or encroachment upon one another For as there is nothing but giddiness torture distemper consumption restlesness sickness inactivity maimedness confusion in the body natural whiles the head or chief joints bones parts of it are inverted dislocated fractured severed and kept out of joynt and no other means left when thus distorted to restore it to rest health soundness activitie and prevent its dissolution by